Maintenance

jyothi (Querist) 29 May 2018 This query is : Resolved
My husband lives in USA.after marriage he left me at my mom's place nd went to USA.i have no father nd no 1 is there to support me .after that he is very nyc to me for 1year at that time also he didn't gave me maintenance.since december 2017 he is not talking to me properly.now he is asking devorce.i dont want to give devorce nd is there any legal chance to take me to USA.if not how can i apply for maintence what are the documents shud i submit.
Help me out for this please.

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Vijay Raj Mahajan (Expert) 29 May 2018
You can always seek monthly maintenance from your husband in India through Indian Family court without calling off the marriage.
Your husband has to pay you sum of maintenance that court will decide in your favor.
Financial status of both of you will be taken into account by the court.
Your husband if fail to follow court order can be made to do it through execution process where there exists provision for arrest and jail term to defaulter husband.
Just move petition u/s 125 Cr. P. C against your husband in the Family court where you live in India and try to get interim maintenance order during pendency of main petition for maintenance.

jyothi (Querist) 29 May 2018
Thanks for the reply.
here my doubt is how can send a notice to him.becoz i dnt knw his address nd office address(USA)..
he is getting $5500 indian currency 4lakhs..how much i can ask for maintenance...
is there any law by sending the notice that to take me to USA nd live together...

Ms.Usha Kapoor (Expert) 29 May 2018
Check with Visa pro and some other Indian organizations reputed in how to get Visas if you are a Hyderabadi. They have branches also in all major cities and towns.

Guest (Expert) 29 May 2018
If you dont have his address, better find someone else and remarry. he would have found girl there.

he wont come back.

You listen to this crooks you will feed them and their families by begging.
You want to beg and feed these crooks or you want to lead married life with good life partner think.

jyothi (Querist) 29 May 2018
Mr.Ramoji kumar
How can i without knwing anythng.if he is not married i vil b in risk to face all ryt...
here am asking for legal possibilities..thank you

Guest (Expert) 29 May 2018
Very good question on the advice of an expert!. Apparently, when as a lay person, you know that you cannot remarry in that position, if someone advises you to remarry without getting divorce, he can only be a quack having no knowledge of family laws, but still posing as a lawyer on family laws. He can never be even a mediocre lawyer, what to say of his being an experienced lawyer in family law, as boasted in his profile.

Even a layman can tell you that you need a divorce to get you remarried. You may or may not prefer to get divorce, but maintenance by husband is your right and cannot be denied even by court.

You may better discuss your problem in detail with some local lawyer, who can take care of your worries about sending notices etc., or how to get him back in India to face the case on your behalf.

jyothi (Querist) 29 May 2018
Thank you vijay raj mahajan,Usha kapoor, Dhingra

Guest (Expert) 29 May 2018
You are welcome, Ms. Jyothi.

Kumar Doab (Expert) 29 May 2018
You can claim maintenance as described in 1st post after your query..
You are having good understanding.
The choice of joining your husband, maintenance, divorce, etc is your personal choice.
Discuss the matter with elders of your family, competent and experienced well wishers, seasoned PIP and get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in Family matters and well versed with latest citations, LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before proceeding further and rushing to courts…….
Your LOCAL counsels shall update you and appraise you properly and in detail of all options and merits in each option.

Ms.Usha Kapoor (Expert) 30 May 2018
I stick to the same view as above.

P. Venu (Expert) 30 May 2018
It is imperative that you should seek maintenance. Nowadays. summons could be served through e-mail as well.

jyothi (Querist) 30 May 2018
today i met an advocate(junior)..he said v can send a notice to him but he vil take stay for months nd months.countries are different nd our law nd other countries law totally different..he is saying like this..any chances to take action immediatly on my husband..

Guest (Expert) 31 May 2018
Chances are very much there, if you adopt right course of action in consultation with some senior and experienced lawyer, but chances are not there if you prefer to follow the advice of some inexperienced junior.

Dr J C Vashista (Expert) 31 May 2018
Consult and engage a local prudent lawyer, if you are really interested in getting desired relief.

P. Venu (Expert) 31 May 2018
The matrimonial issues would be heard and decided in accordance with the law of our country and not the law prevailing in the country of respondent's residence.

Guest (Expert) 31 May 2018
Concerned US Consulate which had issued him the VISA would be able to help you in tracing him if you could provide some details of his PassPort etc.

jyothi (Querist) 31 May 2018
I have my husband passport details nd visa confirmation letter..

Ms.Usha Kapoor (Expert) 01 June 2018
You can seek monthly maintain\nce from your husband through Family court without divorcing him.

Maintenance

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